S.B. 184

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DISPOSAL OF ELECTRONIC WASTE

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2011 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Stephen H. Urquhart

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House Sponsor:
Michael E. Noel

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LONG TITLE
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General Description:
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This bill enacts provisions related to consumer electronic device collection and
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recycling programs and consumer electronic device manufacturers.
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Highlighted Provisions:
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This bill:
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. defines terms;
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. prohibits a manufacturer from offering a consumer electronic device for sale in the
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state unless the manufacturer meets certain reporting requirements to the
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Department of Environmental Quality;
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. requires the Department of Environmental Quality to report on the manufacturer's
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reporting to the Natural Resources, Agriculture, and Environment Interim
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Committee and the Public Utilities and Technology Interim Committee;
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. prohibits a manufacturer from offering a consumer electronic device for sale in the
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state unless the manufacturer establishes and implements a public education
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program on collection and recycling programs; and
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. authorizes a local government to enter into an arrangement with a manufacturer to
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facilitate consumer electronics recycling.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:

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19-6-1201. Title.
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This part is known as the "Disposal of Electronic Waste Program."
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Section 2.
Section
19-6-1202
is enacted to read:
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19-6-1202. Definitions.
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As used in this part:
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(1) "Collection":
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(a) means the aggregation of consumer electronic devices from consumers; and
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(b) includes all the activities up to the time a consumer electronic device is delivered to
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a recycler.
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(2) (a) "Computer" means an electronic, magnetic, optical, electrochemical, or other
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high-speed data processing device performing a logical, arithmetic, or storage function,
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including:
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(i) a laptop computer;
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(ii) a desktop computer; or
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(iii) a tablet computer.
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(b) "Computer" includes the following permanently affixed to or incorporated into a
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device described in Subsection (2)(a):
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(i) a cable cord;
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(ii) permanent wiring;

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(iii) a central processing unit; or
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(iv) a monitor.
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(c) "Computer" does not include an automated typewriter or typesetter, a portable
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hand-held calculator, a portable digital assistant, a server, or similar device.
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(3) "Consumer" means a person who owns or uses a covered electronic device that is
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purchased primarily for personal or home business use.
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(4) "Consumer electronic device" means the following products sold to a consumer:
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(a) a computer;
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(b) a computer peripheral;
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(c) a television; or
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(d) a television peripheral.
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(5) "Eligible program" means a collection, reuse, or recycling system for a consumer
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electronic device, including:
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(a) a system by which a manufacturer, manufacturer's designee, or other private entity
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offers a consumer an option to return a consumer electronic device by mail;
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(b) a system using a physical collection site that a manufacturer, manufacturer's
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designee, or other private or public entity provides for a consumer to return a covered
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consumer electronic device; or
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(c) a system that uses a collection event held by a manufacturer, manufacturer's
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designee, or other private or public entity at which a consumer may return a consumer
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electronic device.
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(6) "Manufacturer" means a person who:
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(a) manufactures a consumer electronic device under a brand the person owns or is
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licensed to use;
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(b) sells a consumer electronic device manufactured by others under a brand the person
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owns or is licensed to use; or
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(c) assumes the responsibilities and obligations of a person described in Subsection
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(6)(a) or (b).
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(7) "Peripheral" means a keyboard, printer, or other device that:
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(a) is sold exclusively for external use with a television or computer; and
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(b) provides input into or output from a television or computer.

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(8) (a) "Recycling" means the process of collecting and preparing electronic products
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for:
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(i) use in a manufacturing process; or
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(ii) recovery of reusable materials followed by delivery of reusable materials for use.
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(b) "Recycling" does not include destruction by incineration, waste-to-energy
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incineration, or other similar processes or land disposal.
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(9) "Reuse" means electronic waste:
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(a) that is tested and determined to be in good working order; and
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(b) that is removed from the waste stream to use for the same purpose for which it was
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manufactured, including the continued use of the whole system or components.
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(10) (a) "Sell" or "sale" means any transfer for consideration of title or of the right to
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use by lease or sales contract of a consumer electronic device to a consumer.
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(b) "Sell" or "sale" does not include:
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(i) the sale, resale, lease, or transfer of used consumer electronic devices; or
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(ii) a manufacturer's or a distributor's wholesale transaction with a distributor or retailer
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involving a consumer electronic device.
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(11) "Television" means a display system primarily intended to receive video
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programming via broadcast, cable, or satellite transmission.
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Section 3.
Section
19-6-1203
is enacted to read:
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19-6-1203. Reporting requirements.
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(1) On or after July 1, 2011, a manufacturer may not offer a consumer electronic device
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for sale in the state unless the manufacturer, either individually or through the manufacturer's
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industry trade group, prepares and submits, subject to Subsection (2), a report on or before
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October 1 of each year to the department.
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(2) The report required under Subsection (1):
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(a) shall include a list of eligible programs, subject to Subsection (3); and
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(b) may include:
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(i) an existing collection, transportation, or recycling system for a consumer electronic
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device; and
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(ii) an eligible program offered by:
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(A) a consumer electronic device recycler;

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(B) a consumer electronic device repair shop;
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(C) a recycler of other commodities;
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(D) a reuse organization;
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(E) a not-for-profit corporation;
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(F) a retailer; or
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(G) another similar operation, including a local government collection event.
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(3) The list required in Subsection (2)(a) may be in the form of a geographic map
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identifying the type and location of an eligible program.
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(4) The department shall:
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(a) compile the report required under Subsection (1); and
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(b) beginning on December 31, 2012, submit annually on or before December 31 the
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compiled report to the Natural Resources, Agriculture, and Environment Interim Committee
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and the Public Utilities and Technology Interim Committee.
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Section 4.
Section
19-6-1204
is enacted to read:
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19-6-1204. Public education program.
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(1) Effective January 1, 2012, a manufacturer may not offer a consumer electronic
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device for sale in the state unless the manufacturer individually or through the manufacturer's
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industry trade group establishes and implements, in accordance with Subsection (2), a public
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education program regarding the eligible programs.
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(2) (a) The public education program required under Subsection (1) shall:
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(i) inform a consumer about eligible programs; and
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(ii) use manufacturer-developed customer outreach materials, such as packaging
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inserts, company websites, and other communication methods, to inform a consumer about
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eligible programs.
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(b) A manufacturer described in Subsection (1) shall work with the department and
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other interested parties to develop educational materials that inform consumers about an
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eligible program.
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Section 5.
Section
19-6-1205
is enacted to read:
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19-6-1205. Local government arrangement.
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If a local government enters into an arrangement with a manufacturer to facilitate
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consumer electronics recycling in accordance with this part, the local government may enter

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into the arrangement without requiring a request for proposal or similar competitive
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procurement process required by law.